Res Ipsa Loquitur Law
 
Efrat Ungar, et al. v. The Palestine Liberation Organization

This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a no

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FRANCISCO GONZALEZ v. COMBINED INSURANCE COMPANY OF AMERICA

1 Defendant/Appellant Combined Insurance Company of America (Insurance Company) appeals from orders binding Insurance Company to a default judgment entered against its co-defendant David Hopwood, and granting summary judgment to Plaintiffs/Appellees Sanjuana Gonzalez and Remberto Gonzalez (collectively, the Gonzalezes). Following an automobile accident, the Gonzalezes filed a negligence petitio

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Adrienne Anderson v. United States Department of Labor

This is a whistleblower action brought by Adrienne Anderson (Anderson) against Metro Wastewater Reclamation District (Metro) pursuant to various environmental statutes which prohibit discrimination against "any employee or any authorized representative of employees." Pursuant to the recommendation of one of Metro's local unions, the City of Denver's mayor appointed Anderson to Metro's Board o

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Mamed Samedov v. John Ashcroft

Mamed Samedov seeks review of an order by the Board of Immigration Appeals, which affirmed, without opinion, the decision of an immigration judge (IJ) that denied Mr. Samedov asylum and withholding of removal. We deny the petition for review.

-2-

I.

To be eligible for asylum, Mr. Samedov must qualify for refugee status, which requires that he be "unable or unwilling to return

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Steven R. Preminger and Santa Clara County Democratic Central Committee v. Anthony J. Principi, as Secretary of Veterans Affairs, et al.


The Santa Clara County Democratic Central Committee
and its chair, Steven Preminger, are Plaintiffs in this action.
They challenge the Department of Veterans' Affairs' ("VA")
exclusion of Preminger and others from VA premises when
they tried to register resident veterans to vote. Plaintiffs claim
that the VA regulation used to justify their expulsion, which
prohibit

More...   $0 (08-30-2005 - CA)

H-B-S Partnership, etc. v. NZ EDP, Ltd., Co., et al.

{1} This case involves the interpretation of a right of first refusal (ROFR) provision in a limited partnership agreement. The district court decided the ROFR was triggered when the corporate great-great-grandparent of one of the general partners was sold in a stock transfer transaction. Defendant appeals the district court's basic decision that the ROFR was triggered. Plaintiffs and Def

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Jane Doe, etc. v. Santa Clara Pueblo, et al.

{1} This case requires us to decide whether a New Mexico state court has subject matter jurisdiction of a personal injury suit brought against Santa Clara Pueblo as a result of events occurring at a casino owned and operated by Santa Clara Pueblo on its land. The district court denied the Pueblo's motion to dismiss for lack of subject matter jurisdiction. Upon consideration of the effect

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Collegenet, Inc. v. Applyyourself, Inc.

In the United States District Court for the District of Oregon, a jury found that ApplyYourself, Inc. (ApplyYourself) infringed claims 2-8, 13-17, and 22-31 of CollegeNet, Inc.'s (CollegeNet) U.S. Patent No. 6,345,278 (the '278 patent), and claims 1-39 and 41-44 of CollegeNet's U.S. Patent No. 6,460,042 (the '042 patent). On a motion for judgment as a matter of law (JMOL), the district court

More...   $1200000 (08-03-2005 - OR)

In the Estate of Ross E. Johnson, Sr., Deceased; Zel M. Fischer, Personal Representative, Respondent v. Theodore M. Kranitz, Appellant.

Theodore M. Kranitz appeals an order of commitment entered in connection with a judgment of contempt for willful refusal to repay attorney's fees. We affirm. Theodore Kranitz is the senior member of the law firm of Kranitz & Kranitz, P.C., in Buchanan County. Mr. Kranitz was the attorney for the personal representative of the estate of Ross E. Johnson, Sr., in the probate court of Nodaway Coun

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Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare v. Pearl Walker Copeland and Luann Helms

This is a consolidated appeal from a judgment that denied Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare (Oxford) recovery of damages on breach of contract claims in separate actions brought against Pearl Walker Copeland and LuAnn Helms (Count I in each of Oxford's petitions), but held that Oxford was entitled to injunctive relief to enforce covenants not to compete executed b

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Catherine Jane Von Kennel Gaudin v. John R. Remis, Jr.

We are invited to decide whether two minor children, abducted by their father in Canada and brought to the United States, should be returned to Canada under the International Child Abduction Remedies Act and the Hague Convention on the Civil Aspects of International and Child Abduction.

I The facts in this case are set out in prior opinions of this court, see Gaudin v. Remis, 282 F.

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State ex rel. Stacy v. Batavia Local School Distrist Board of Education

{ 1} This is an appeal and cross-appeal from a judgment awarding back pay and benefits in a mandamus action. We affirm in part and reverse in part.

{ 2} From March 1985 through August 21, 1998, appellee and crossappellant Batavia Local School District Board of Education employed appellant and cross-appellee, Dorsie Stacy, as a mechanic, under a continuing contract. During this period,

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Donald J. Schutz v. Tom Thorne, etc., et al.

The question in this case is whether three Wyoming statutes unconstitutionally limit equal access to hunting opportunities for nonresidents. Donald Schutz, a Florida resident, brings this 42 U.S.C. § 1983 suit against the state of Wyoming and various state officials representing the game and fish commission (together "Wyoming") for allegedly violating his constitutional rights. Relying on the E

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Prudential Ins. Co. v. HMO Partners

HMO Partners, Inc. ("HMOP") and Tyson Foods, Inc. ("Tyson") appeal the district court's order dissolving the permanent injunction it imposed following this Court's decision in Prudential Insurance Co. of America v. National Park Medical Center, Inc., 154 F.3d 812 (8th Cir. 1998) ("Prudential I"). For the reasons stated below, we affirm in part, reverse in part, and remand to the district co

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Linda McGreevy v. Roger Stroup, individually and in his official capacity as Principal of Bermudian Springs Elementary School, etc., et al.

Linda McGreevy, a school nurse, filed this civil rights action under 42 U.S.C. § 1983, against defendants: the Bermudian Springs School District (the "District"); Gerald Soltis, the District's superintendent; Roger Stroup, principal of the Bermudian Springs Elementary School; and Kathleen Tsosie, the assistant principal of the Bermudian Springs Elementary School, claiming that defendants

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MARCEL WISZNIA, individually and as Executor of the Estate of Walter Wisznia, d/b/a WISZNIA ASSOCIATES, v. CITY OF ALBUQUERQUE

Plaintiff Marcel Wisznia appeals from the district court's grant of summary judgment in favor of defendant, the City of Albuquerque, on res judicata grounds. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand for further proceedings.

I.

In late 1998 or early 1999, the New Mexico Department of Corrections (DOC) sought bids for the construction and lease of a

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Joyce Montabon v. City and County of Denver

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Plaintiff Joyce Montabon, proceeding pro se, appeals the district court's order granting defendant's motion for

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CHANDLER (U.S.A.), INC. v. TYREE

1 The substantive issue in this proceeding involves whether the Commissioner of the State Insurance Fund1 was required to provide workers' compensation insurance to a company who competes with the Fund in providing workers' compensation insurance. Plaintiffs, three insurance entities with common ownership, Chandler (U.S.A.), National American Insurance Company, and Lagere & Walkingstick Insuran

More...   $0 (03-09-2004 - OK)

Dixie McFadden, et al. v. Dryvit Systems, Inc.

This case presents a question of law certified to this court by the United States District Court for the District of Oregon. See generally ORS 28.200 to 28.255; Western Helicopter Services v. Rogerson Aircraft, 311 Or 361, 364-71, 811 P2d 627 (1991) (setting out and explaining certification process). The certified question asks whether a 2003 amendment to ORS 30.905, which revives certain pro

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CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON; SMOKEY POINT HARDWOOD, INC., et al. v. WEYERHAEUSER COMPANY

Ross-Simmons Hardwood Lumber Company brought this action against Weyerhaeuser Company for antitrust violations under Section 2 of the Sherman Act.1 Ross-Simmons alleged that Weyerhaeuser monopolized and attempted to monopolize the Pacific Northwest input market for alder sawlogs through its purchases of sawlogs. Ross-Simmons prevailed in a jury trial on both its monopolization and attem

More...   $78769218 (05-31-2005 - OR)

DANIEL T. SMITH, Individually and as Executor of the ESTATE OF NORA ROBERTSHAW CONTROLS COMPANY, AMERICAN WATER HEATER COMPANY, and AMERIGAS PROPANE, L.P.

This personal injury case stems from a horrific accident in which plaintiff-appellant Daniel Smith was badly burned while attempting to light a propane water heater in his basement, allegedly due to a faulty control valve. Smith sued the company that made the control (Robertshaw Controls Company), the company that made the water heater (American Water Heater Company), and the company that suppl

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Daar & Newman v. VRL International

Appellant, the law firm of Daar & Newman, previously represented respondent, VRL International, Ltd., in a personal injury action. Because respondent had insufficient contacts with California for this state to assert jurisdiction over it, appellant successfully moved to quash service of process and obtained respondent's dismissal from the action. Appellant also successfully defended the t

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Nationwide Mutual Insurance Company v. William John Liberatore, et al.

Nationwide Mutual Insurance Company appeals the district court's summary judgment in this insurance coverage dispute involving the United States government.1 Underlying the coverage dispute is a state tort action arising out of an auto accident. The defendant driver, William John Liberatore, was insured by Nationwide, and at the time of the accident was an active duty member of the armed

More...   $0 (05-12-2005 - CA)

Bains LLC, dba Flying B v. ARCO Products Company, et al.

This is a punitive damages case involving nominal compensatory damages brought by a corporation for racial discrimination.

Facts

This case went to trial before a jury, so we state the facts and interpret the evidence most favorably to the party that was successful at trial.1 The facts are well laid out in the published decision of the district court.2 In 1999 an Olympic Pipeline Co

More...   $50000 (04-21-2005 - WA)

Allied Fire Protection v. Diede Construction, Inc., et al.

Plaintiff Allied Fire Protection (Allied) appeals from a judgment in favor of defendants Diede Construction, Inc., and Wayne Diede on a fraud action after the trial court granted defendants' motion for summary judgment on the basis of res judicata. Allied contends the fraud claim was not barred by res

2 judicata because it did not accrue until after the prior federal complaint had b

More...   $0 (03-01-2005 - CA)

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